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12. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a cease <br /> and desist order if it determines that a provision of the Act has been violated. <br /> Operator violated section 34-32.5-109(1), C.R.S. <br /> 13. Pursuant to section 34-32.5-123(2), C.R.S., the Board may impose a civil <br /> penalty of not less than $1,000 per day nor more than $5,000.00 per day for each day <br /> during which a permit violation of mining without a permit occurs. The Board may <br /> impose a civil penalty against the Operator based on 43 days of violation at $1,000 <br /> to $5,000 per day for a civil penalty of$43,000 to $215,000. <br /> 14. The Board shall also impose a civil penalty in an amount not less than <br /> the costs incurred by the Division in investigating the violation. § 34-32.5-123(4), <br /> C.R.S. (2023). <br /> ORDER <br /> Based on the foregoing Findings of Fact and Conclusions of Law, the Board <br /> hereby finds Coulson Excavating Company, Inc. in violation of section 34-32.5- <br /> 109(1), C.R.S. for engaging in a new mining operation without first obtaining a <br /> reclamation permit. <br /> The Operator shall CEASE AND DESIST any further mining activities <br /> except those activities approved by the Division, in writing, as necessary to comply <br /> with the conditions of a Board Order, prevent damage to off-site areas, or to protect <br /> public health and safety, until the corrective action has been resolved to the <br /> satisfaction of the Division. <br /> The Board imposes the following CORRECTIVE ACTIONS: <br /> 1. The Operator shall, within 90 days of the effective date of this Order, <br /> submit an amendment application to encompass all of the affected land at the <br /> site and update only the reclamation plan for the site—any update to the mining <br /> plan to allow for processing at the site will not be considered—and obtain <br /> approval of the required revision within statutory deadlines. <br /> 2. Submit the appropriate financial warranty amount as determined by <br /> the Division during the review of the amendment application within 60 days of <br /> the date the application is approved. <br /> The Board imposes a CIVIL PENALTY of$200,000. The Board also assesses <br /> a civil penalty to cover costs incurred by the Division in investigating the alleged <br /> violation at a rate of$56.64 per hour for 5 hours, for a penalty of$283.20. <br /> Coulson Excavating Company, Inc. <br /> Kirtright Pit/M-1986-123 <br /> MV-2023-012 3 <br />